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House passes ‘Don’t Ask’ repeal

The U.S. House took historic action on Thursday

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The U.S. House took historic action on Thursday by voting in favor of a measure that would put an end to the ā€œDonā€™t Ask, Donā€™t Tellā€ law prohibiting openly gay, lesbian and bisexual Americans from serving in the U.S. military.

Lawmakers approved the amendment, sponsored by Rep. Patrick Murphy (D-Pa.), by a 234-194 vote after hours of discussion on whether Congress should repeal the statute.

Five Republicans voted in favor of repeal:Ā Reps. Charles Djou (R-Hawaii), Joseph Cao (R-La.), Judy Biggert (R-Ill.), Ileana Ros-Lehtinen (R-Fla.) and Ron Paul (R-Texas). Joining other Republicans to vote against the measure were 26 Democrats.

In remarks on the floor, Murphy, an Iraq war veteran, said repeal of ā€œDonā€™t Ask, Donā€™t Tellā€ is necessary because the policy compromises national security and has cost the American taxpayer more than $1.3 billion.

ā€œWhen I served in Baghdad, my team did not care whether a fellow soldier was straight or gay,ā€ he said. ā€œWith our military fighting two wars, why on earth would we tell over 13,500 able-bodied Americans that their services are not needed?ā€

U.S. House Speaker Nancy Pelosi (D-Calif.) also spoke out in favor of the amendment and said passing repeal was a means of honoring the service of members of the armed forces.

ā€œToday, by repealing the discriminatory ā€˜Donā€™t Ask, Donā€™t Tellā€™ policy, we also honor the service and sacrifices of all who dedicated their lives to protecting the American people,ā€ she said. ā€œWe honor the values of our nation, and we close the door on fundamental unfairness.ā€

House Armed Services Committee Chairman Ike Skelton (D-Mo.) was among those speaking out against the repeal amendment on the floor, but his remarks were limited.

After reading an April 30 letter from Defense Secretary Robert Gates urging Congress to hold off on repeal, Skelton said ā€œI oppose the amendment.ā€

Following the vote, Joe Solmonese, president of the Human Rights Campaign, said in a statement that the approval of the measure means House members are standing ā€œon the right side of history.ā€

ā€œThis is a historic step to strengthen our armed forces and to restore honor and integrity to those who serve our country so selflessly,ā€ he said.

The vote in the House means repeal language is in both the House and Senate versions of defense authorization legislation. Earlier in the day, the Senate Armed Services Committee voted in favor of attaching repeal as part of its version of the bill.

In debate over the amendment, lawmakers who supported it advocated for its passage as a means to end discrimination, while opponents said the Pentagon study on the issue ā€” due December 1 ā€” should first be complete.

Rep. Jim Matheson (D-Utah) was among those urging other House members to vote in favor of repealing ā€œDonā€™t Ask, Donā€™t Tell.ā€

ā€œAnyone whoā€™s willing to put on this countryā€™s uniform and put his or her life on the line to protect our freedoms deserves our respect and should not be subject to discrimination,ā€ he said. ā€œRepealing this flawed policy is an important way for us to show that respect.ā€

Rep. Buck McKeon (R-Calif.), ranking Republican on the House Armed Services Committee, provided some of the strongest objections to passing the repeal measure.

He said he wanted the Pentagon working group to complete its work in soliciting the input of U.S. service members before any action from Congress.

ā€œAfter making the continuous sacrifice of fighting two wars over the course of eight years, the men and women of our military deserve to be heard,ā€ McKeon said. ā€œCongress acting first is the equivalent of turning to our men and women in uniform and their families and saying your opinions donā€™t count.ā€

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U.S. Supreme Court

Supreme Court to hear Md. religious freedom case on Tuesday

Advocacy groups to rally outside during Mahmoud v. Taylor oral arguments

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U.S. Supreme Court (Washington Blade photo by Michael Key)

Activists on Tuesday will hold a rally in front of the U.S. Supreme Court as the justices hear oral arguments in a case that will determine whether schools are violating parentsā€™ religious freedom by not letting them opt their children out of learning about LGBTQ-specific topics.

Mahmoud v. Taylor is a case out of Montgomery County about parents who wish to opt their children out of LGBTQ-themed lessons in public schools for religious reasons.Ā 

Montgomery County Public Schools, after initially allowing parents to opt their children out, changed the policy in March 2023.

The plaintiffs ā€” Tamer Mahmoud, Enas Barakat, and other parents ā€” argue ā€œthe storybooks were chosen to disrupt ā€˜cisnormativityā€™ and ā€˜either/or thinkingā€™ among students.ā€ 

ā€œThe board’s own principals objected that the curriculum was ā€˜not appropriate for the intended age group,ā€™ presented gender ideology as ā€˜fact,ā€™ ā€˜sham[ed]ā€™ students with contrary opinions, and was ā€˜dismissive of religious beliefs,ā€™ā€ according to the petition on the Supreme Courtā€™s website. 

The petition goes further, saying the parents are ā€œnot challenging the curriculum, but arguing that compelling their elementary-age children to participate in instruction contrary to their parentsā€™ religious convictions violated the Free Exercise Clause. Construing Wisconsin v. Yoder, the 4th Circuit found no free-exercise burden because no one was forced ā€˜to change their religious beliefs or conduct.ā€™ā€

The Coalition for Inclusive Schools and Communities, an organization that aims to bring together ā€œadvocates, educators, families, and organizations committed to inclusive, affirming, fact and science-based education,ā€ will participate in the ā€œRally for Inclusive Educationā€ rally outside the Supreme Court alongside Live In Your Truth and the Montgomery County Pride Family.

ā€œInclusive education isnā€™t just a value ā€” itā€™s a necessity,ā€ said Phillip Alexander Downie, co-chair of the Coalition for Inclusive Schools and Communities and CEO of Montgomery County Pride Family. ā€œThe right of every child to learn in an environment where they see themselves reflected, affirmed, and respected is under attack. This rally is our moment to protect that right ā€” and ensure future generations inherit classrooms rooted in truth, equity, equality, and justice.ā€

The Coalition for Inclusive Schools and Communities says the rally is a ā€œnonpartisan community gathering rooted in education, advocacy, and solidarity.ā€ 

ā€œThe focus of this event is to uplift the importance of inclusive learning environments, celebrate the power of diversity in our schools, and amplify the voices of those most impacted by exclusionary practices and rhetoric,ā€ it said.

The rally will feature speakers from across the country, including students, educators, civil rights leaders, and authors who will give their own testimonies as to why it is important to have inclusivity in primary education. Trans Maryland, the National Womenā€™s Law Center, MoCoPride Center, and Authors Against Book Bans are among the LGBTQ groups sponsoring the event.

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National

EXCLUSIVE: Rodrigo Heng-Lehtinen to step down from Advocates for Trans Equality

A4TE formed last year when two transgender rights groups merged

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Rodrigo Heng-Lehtinen (Photo courtesy of Rodrigo Heng-Lehtinen)

Advocates for Trans Equality Executive Director Rodrigo Heng-Lehtinen on Monday announced he will step down on April 30.

The Transgender Legal Defense and Education Fund and the National Center for Transgender Equality formed Advocates for Trans Equality last year when they merged. Heng-Lehtinen was previously NCTE’s executive director.

ā€œNow that weā€™ve made it through the merger, and A4TE is established as a new, prominent institution fighting hard for trans equality, itā€™s time for me to take my next step,ā€ said Heng-Lehtinen in a press release that Advocates for Trans Equality sent exclusively to the Washington Blade. ā€œWhen Andy (Hong Marra) and I began envisioning the merger, I committed to seeing it through. Iā€™m proud that now our vision has been realized. A4TE has not just launched, but is fully up and running, delivering results for trans people around the country. With A4TE gaining momentum, Iā€™m now ready to move on to my next chapter.ā€  

Heng-Lehtinen, whose mother is former Florida Congresswoman Ileana Ros-Lehtinen, in the press release stressed he “will be focusing on changing hearts and minds.”

“With my background in persuasion and messaging, itā€™s where I can make the biggest difference, and what I feel called to return to in this era of anti-trans backlash,” said Heng-Lehtinen. “I will still be fighting shoulder-to-shoulder with everyone (in) the trans movement, simply in a different capacity.”

Marra, who is Advocates for Trans Equality’s CEO, praised Heng-Lehtinen and said the organization’s work will continue.

ā€œWe thank Rodrigo for his years of dedicated leadership and service,ā€ said Marra. ā€œA4TE will continue to deliver on our promise to advocate for the lives of trans people who need us now more than ever. We remain undaunted by our endeavor to ensure trans people and our families are no less than free and equal and treated with dignity and respect.ā€Ā 

Louisiana Trans Advocates Executive Director Peyton Rose Michelle also praised Heng-Lehtinen.

“Rodrigo has been a steady hand and a bright light in this work,” she said. “He’s someone who shows up with integrity, kindness, and a deep commitment to meeting this political moment with courage. Iā€™ve always felt deeply supported and heard by him, which is something I value deeply.ā€

ā€œI fully support him as he steps into this new chapter, and I know his clarity of vision and heart-forward leadership will keep shifting this landscape back toward justice for trans people, and therefore, all people,” added Michelle. 

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U.S. Federal Courts

Federal judge blocks Trump passport executive order

State Department can no longer issue travel documents with ‘X’ gender markers

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(Bigstock photo)

A federal judge on Friday ruled in favor of a group of transgender and nonbinary people who have filed a lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.

The Associated Press notes U.S. District Judge Julia Kobick in Boston issued a preliminary injunction against the directive. The American Civil Liberties Union, which represents the plaintiffs, in a press release notes Kobick concluded Trump’s executive order “is likely unconstitutional and in violation of the law.”

“The preliminary injunction requires the State Department to allow six transgender and nonbinary people to obtain passports with sex designations consistent with their gender identity while the lawsuit proceeds,” notes the ACLU. “Though todayā€™s court order applies only to six of the plaintiffs in the case, the plaintiffs plan to quickly file a motion asking the court to certify a class of people affected by the State Department policy and to extend the preliminary injunction to that entire class.”

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an ā€œXā€ gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

The State Department policy took effect on April 11, 2022. Trump signed his executive order shortly after he took office in January.

Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

ā€œThis ruling affirms the inherent dignity of our clients, acknowledging the immediate and profound negative impact that the Trump administration’s passport policy would have on their ability to travel for work, school, and family,ā€ said ACLU of Massachusetts Legal Director Jessie Rossman after Kobick issued her ruling.

ā€œBy forcing people to carry documents that directly contradict their identities, the Trump administration is attacking the very foundations of our right to privacy and the freedom to be ourselves,” added Rossman. “We will continue to fight to rescind this unlawful policy for everyone so that no one is placed in this untenable and unsafe position.ā€

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